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Civic Government (Scotland) Act 1982

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This is the original version (as it was originally enacted).

76Appeal to sheriff

(1)Any person mentioned in subsection (2) below may appeal to the sheriff against any decision of the chief constable made under the sections specified in relation to that person in that subsection.

(2)The persons referred to in subsection (1) are—

(a)a claimant under section 69 of this Act;

(b)a finder or claimant mentioned in section 70 of this Act;

(c)a previous owner mentioned in section 72 of this Act.

(3)An appeal under this section shall be made by way of summary application and shall be lodged with the sheriff clerk within 21 days from the date of the decision appealed against.

(4)On good cause being shown, the sheriff may hear an appeal under this section notwithstanding that it was not lodged within the time mentioned in subsection (3) above.

(5)In upholding an appeal under this section the sheriff may—

(a)remit the case with the reasons for his decision to the chief constable for reconsideration of his decision; or

(b)reverse or alter the decision of the chief constable.

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